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 Overview:   Canadian immigration law has undergone, and continues to undergo, profound changes, impacting the ability of employers to transfer or recruit forei

Canadian Immigration Issues for Employers with Foreign Employees

 

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About The Event

 

The TrainHR webinar is approved by HRCI and SHRM Recertification Provider.

 

Overview:
Canadian immigration law has undergone, and continues to undergo, profound changes, impacting the ability of employers to transfer or recruit foreign workers to Canada. Navigating the maze of corporate immigration requirements can be overwhelming, and failing to recognize the nuances can have serious consequences.

This session will provide you with the latest on corporate immigration measures as well as "tricks of the trade" for relocating personnel to Canada, either on short-term or long-term assignments. Topics will include:
  • Labour Market Impact Assessments (LMIAs)-what they are, how to get them, and how to avoid them
  • The International Mobility Program (IMP)-what it is, and how to take advantage of it
  • Specific IMP program reviews including:
    • Intra-Company Transfers (ICT) [requirements differ from U.S. ICTs]
    • Free Trade Agreement professionals, including:
      • NAFTA
      • GATS
      • CETA -The new Canada/European Union Free Trade Agreement!
    • 'Reciprocal Benefit' Applications
  • The Global Talent Stream
  • Inadmissibility Issues (stricter than the U.S.!)
  • The straight goods on Business Visitors -don't get caught unprepared
  • Ongoing compliance requirements, and the consequences of failure to adhere to the requirements

For any organization that needs to bring foreign workers to Canada, this program will be essential.

Why should you Attend: Canadian immigration law provides, on one hand, ever-stricter requirements to hire or transfer key foreign personnel to Canada, and on the other hand, opportunities to secure work authorization for foreign workers for whom U.S. work permits may be unavailable.

In terms of the barriers in Canadian immigration law, failure to secure the correct status or maintain the onerous compliance requirements of Canadian law can lead to serious repercussions for any corporation. In addition to the possible inability of the foreign worker to enter, or carry out his/her function in, Canada, employers can face significant fines, the loss of the right to hire further foreign workers, or even 'blacklisting' on the Canadian government website.

In terms of positive developments, Canada now offers the 'Global Talent Strategy' for various high skilled or high-tech workers, along with other work permit categories not available in the U.S., including, among others, 'Reciprocal Benefit', and various classifications under the new Canada/European Union Free Trade Agreement. These programs may allow corporations to more readily bring certain foreign workers to Canada, and bypass U.S. hurdles. Being unaware of the possibilities means losing out on the possibility of using these opportunities for your business.

Find out how to navigate the Canadian immigration system and recognize the issues that need to be considered -negative and positive - before, during, and after any foreign worker travel or long-term assignment. Avoid the problems, and take advantage of the beneficial programs. Attend this program to find out how!

Areas Covered in the Session:
  • Fundamental Understanding of Canadian immigration system
    • This program will provide attendees to understand the overall structure of the Canadian immigration system (vis-a-vis temporary work permits)
    • Participants will leave with a recognition of 'how the dots connect' in a process which often seems irreconcilable at the detailed levels (these aspects are then broken down in the further objectives set out below)
  • Labour Market Impact Assessments
    • Participants will be provided with background on what LMIAs are, why and when we need them, considerations within an application, and other aspects of the LMIA program
    • Participants will leave with an understanding of essential LMIA requirements
    • There will be specific discussion on the new Global Talent Stream -a simplified system for certain high-tech scenarios
  • LMIA Exemptions
    • Participants will be provided with information on available LMIA exemptions and what the criteria are for their availability and usage
    • Participants will leave with an understanding of some of the more common LMIA exemption categories, and how and when to use them
    • Specific LMIA exemptions will include:
      • Intra-Company Transfers
        • Application of Canadian criteria of 'specialized knowledge' and other issues
      • NAFTA Professionals
      • Investors
      • Other Free Trade Agreements including GATS and the new European Union Agreement
      • Reciprocal Benefit
  • Work Permit Exemptions
    • Participants will be provided with information on situations where activity in Canada is permitted without the need for a work permit
    • Participants will leave with an understanding of some of the more common work permit exemption categories, and how and when to use them (with a particular focus on business visitors)
  • Procedural Issues
    • Participants will be provided with information on procedural and other non-substantive aspects of the Canadian immigration system which are often important for being able to apply the substantive issues at hand
    • Participants will leave with an understanding of some of the impotent procedural issues in the Canadian immigration system
    • Specific issues may include:
      • Electronic Travel Authorization requirements (eTA)
      • Pre-screening of Applications
      • Implications for Spouses
      • Interacting with Immigration Canada
  • Inadmissibility
    • Participants will be provided with information on what constitutes inadmissibility under Canadian immigration law, and how to overcome this issue (which arises not infrequently)
    • Participants will leave with an understanding of some of the more salient inadmissibility issues and information on how to resolve them
  • Compliance
    • Participants will be provided with information on the relatively new compliance requirements, and what they should do to ensure that they are in compliance
    • Participants will leave with an understanding of the issues involved in compliance, and how to address them
    • Specific aspects will include:
      • Handling changes in job characteristics, e.g. salary
        • Consequences of position no longer being 'substantially the same' as when approved
      • Impact of non-immigration violations on immigration compliance
      • Consequences of non-compliance -e.g. fines, blacklisting, loss of right to hire foreign workers

Who Will Benefit:
  • HR Directors/Managers
  • Global Mobility Personnel
  • Corporate Legal Departments
  • U.S. Lawyers whose clients have dealings in Canada
Instructor:

Benjamin Kranc (pronounced ‘Krantz’) is principal of Kranc Associates, a corporate immigration law firm. Ben received his B.A. (Hons.) in Computer Science from York University in 1983 and his LL.B. from Western University in 1986. He was called to the Ontario bar in 1988 and has been certified as a Specialist in Immigration Law by the Law Society of Upper Canada since 1997. Ben has been recognized by Who’s Who Legal as a foremost practitioner in the area of Corporate Immigration Law, and has received Martindale-Hubbell’s highest peer rating, ‘AV Preeminent®’. Ben practises Canadian immigration law exclusively, with a focus on corporate immigration. He is active in the field, having written various texts including ‘North American Relocation Law’ (Thomson Reuters/Carswell, regularly-updated) and the corporate immigration section of the Human Resources Advisor (First Reference Books). He has also written for professional journals and other periodicals including The Law Times, Immigration and Citizenship Bulletin, and the International Human Resource Update.

 


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